(a) "Non-professional" means services in
other than a professional capacity.
(b) "Professional" means services in an
instructional, research or principal administrative capacity.
(i) Individuals who perform services in an
instructional capacity include not only those who teach in formal classroom and
seminar situations, but also in less formal arrangements, such as tutorial
relationships, and those who direct or assist students in research and
learning.
(ii) Individuals who
perform services in a research capacity include those who direct a research
project and those staff directly engaged in gathering, correlating, and
evaluating information and making findings.
(iii) Individuals who perform services in a
principal administrative capacity include school principals, school
superintendents, officers of the institution, the board of directors, business
managers, deans, associate deans, university public relations directors,
comptrollers, development officers, chief librarians, registrars, and any
individuals who, although they may lack official titles, actually serve in a
principal administrative capacity.
(c) "Reasonable assurance" means:
(i) as it relates to the probability of
performing services in the next academic year or term, that there is a written,
oral or implied agreement that the worker will perform services in the same
capacity in the next academic year or term. However, reasonable assurance does
not exist if the economic terms and conditions are substantially less than the
economic terms and conditions of the job in the previous academic year or term.
(A) A worker who performed services in the
first of any two academic years or terms for an educational institution is
considered to have reasonable assurance of performing services in the same
capacity for that educational institution in the second academic year or term,
regardless of whether the worker is required to reapply for a position, the
worker has advised the institution of the worker's intention not to return to
work in the subsequent academic year or term, or the educational institution
has advised the worker or the department that employment in the next academic
year or term is contingent upon adequate funding or enrollment, unless:
(I) the worker has been given unequivocal
notice that the worker will not be rehired for the subsequent academic year or
term;
(II) the department
determines that there is not a pattern, either as to the particular worker or
as to the class of workers to which the worker belongs, of such notice being
followed by subsequent reemployment by the educational institution;
and
(III) the department determines
that there is not substantial evidence of a continuing work relationship
between the worker and the educational institution during the period between
first and subsequent academic years or terms, including but not limited to, the
continuance of employee benefits during the period.
(B) A worker who performed services in the
first academic year or term for an educational institution is considered to
have reasonable assurance of performing services in the same capacity for
another educational institution in the subsequent academic year or term if the
worker has been given a bona fide offer, whether or not accepted by the worker,
of a specific job in the same capacity as the services performed in the first
academic year or term by an individual with the authority to make such an offer
on behalf of the educational institution.
(ii) as it relates to the probability of
performing services following a customary vacation break or holiday recess,
that there is a written, oral or implied agreement that the worker will perform
services in any capacity, professional or non-professional, following a
customary vacation break or holiday recess. In the absence of substantial
evidence to the contrary, a worker who performed services for an educational
institution immediately preceding a customary vacation break or holiday recess
will be considered to have reasonable assurance of performing services in some
capacity for an educational institution in the period immediately following the
vacation break or holiday recess.
(d) "Same capacity" means that the work
offered is in the class of capacity, either professional or non-professional,
of the service performed in the first academic year or term.